Latest News :

Immigration Guideline

How to Master IELTS Preparation for Admission in the U.S. Universities

How to Master IELTS Preparation for Admission in the U.S. Universities

IELTS test preparations can sometimes seem daunting. There may be a lot of concerns regarding the preparation for the particular test. Too many sections may faze you while you are taking mental notes for the test. However, there are a few ways to achieve your desired score in this language proficiency test that is required or accepted in almost all international universities. Let us see all the tips and tricks on how to master the IELTS test. Understanding the Grading Criteria First we have to look at a few sample questions of the test. This will help us to make a general idea regarding the marking criteria or how each question, task or segment are graded. This will help you gain insight into the difficulty level of the IELTS test.  And you will be able to plan ahead of anyone else, as soon as you have sufficient knowledge about the grading system. Planning for Each Test Segment IELTS tests your English Language skill on all four segments: Listening, Reading, Writing and Speaking. Each part has a different marking and timing criteria. Therefore it is wise to take preparation based on all the four segments. There are also many practice exercises in official resources and websites.  Now you may wonder how to gather so much information regarding the official websites. Let us look into our next step. Using Official Resources  There are many official websites that feature or post helpful guidelines regarding the IELTS examination. Cambridge, British Council and IELTS websites themselves provide a lot of helpful materials and content. However, different well known learning and training centers along with online publications like Magoosh, can also provide useful study tools for attending exams. That being said, books are your best friends! The more you read and practice, the better you will perform at the test. Take More Practise Tests How to practice for the IELTS tests at home? Simply you can collect or buy test papers from the market or buy subscriptions for online practice tools for IELTS. Sometimes if you are luckier, you can get them for free from community pages. Practicing will make you more confident with your answers. This will also help in time management with each segment as well as knowing the format of the questions. However, we need to move with a proper plan to learn new information and also master the old lessons.  That is where strategizing study schedules comes into picture. Create a Study Schedule and Strategy Planning and strategizing are important for preparing for any test. This stands true for the IELTS test as well. Booking the exam date will help you get the boost to start planning for the exam as having a deadline will create that urge to prepare for the exam. Having exams closing in will help to plan each day for a study session. However, remember to allow yourself enough time to prepare well and actually see some improvement in your English language and communication. Now, studying in traditional

Read More »

Common Pitfalls: Avoiding Issues with Prevailing Wage Determination

For employers looking to hire foreign workers under the EB-2 or EB-3 visa categories, determining the prevailing wage for a job position is a crucial step in the labor certification process. The Prevailing Wage Determination (PWD) process ensures that the wage offered to foreign workers aligns with the wages paid to domestic workers in similar positions in the United States, protecting both international and domestic markets. According to the Department of Labor, “Prevailing wage is the average wage paid to similarly employed workers in a specific occupation in the area of intended employment.” It is possible to get a estimated prevailing wage by state depending on the Standard Occupational Classification (SOC) and the related requirements on O*net and U.S. Bureau of Labor Statistics. U.S. Department of Labor also has a Minimum Wage Table which contains the lowest amount of wage in a state. Navigating the complexities of PWD can be challenging and may impact the outcome of the application. One key element is the precise formulation of the job description, which significantly influences the wage level determination. Employers must carefully consider aspects such as job title, requirements, and Standard Occupational Classification (SOC) code. This blog explores common issues associated with prevailing wage determination and highlights critical elements to focus on. By understanding and avoiding these common pitfalls, employers can streamline their application process and ensure compliance with U.S. labor laws. (1)   Job Description: The job description is one of the crucial steps during PWD application, and it has to be very carefully formulated because the wage highly depends on it. There are basically three components to the job description:   ●       Job Title: Regarding preparing the job description, the initial step is establishing the job title. Generally, the title can vary as there are no strict standards or regulations with regard to its selection. It is often observed that jobs within the same category may possess different titles. Job titles being different does not necessarily mean that the quality of the job is different. However, it is recommended and safe to consider using a similar job title to the one provided as a samples on O*net Online. It is advisable to align or match the job title with those on O*net. For instance, while “Mechanical Engineer” is a commonly used job title, we aim to explore alternatives such as “Project Engineer” or “Test Engineer.” Now, it is mandatory to keep in mind that the job titles better reflect the roles within the Mechanical Engineer category. Recognizing that these titles are closely related to the Mechanical Engineer role is crucial. Failing to do so could result in changes to the SOC Codes associated with the job, consequently affecting the prevailing wage. When selecting a job title, it’s essential to ensure appropriateness with the job responsibilities. For instance, if the job primarily is of a “Loan Processor,” that is, it involves loan processing, labeling it as “Data Analyst” would be misleading and incorrect. As a result, such misalignment could lead to changes

Read More »

Rule of “Circumvention of Lawful Pathways” and Its Impact on Asylum-Seeking Immigrants

Overview A major change to US asylum policy was made on May 11, 2023 with the introduction of the Circumvention of Lawful Pathways (CLP) Rule by the Biden Administration. By promoting legitimate immigration into the country, this regulation seeks to manage and lessen the difficulties associated with large migration rates. Even though the rule aims to create order at the borders, several legal and humanitarian issues have been brought up by it. We will examine the main elements of the CLP Rule and how they affect asylum seekers in this blog post. About the CLP Rule To address migration challenges, the Biden- Harris administration issued the CLP rule According to which, unless they satisfy certain requirements, noncitizens who unlawfully cross the nearby coastal borders or the southwest land boundary of the United States are not eligible for asylum. There are certain extremely compelling instances in which this “Presumption of Ineligibility” can be refuted, adding levels of difficulty to an already difficult procedure for asylum seekers.  Existing Permission to Enter Some Asylum seekers may have existing permission to travel to the U.S. This permission may have been sought through a parole process approved by the Department of Homeland Security (DHS). Moreover, the DHS has introduced Targeted Parole Programs for specific nationalities which allows them to enter the U.S. in an orderly manner. However, these pathways are restricted to a limited number of migrants and not accessible by all. CBP One Appointment The CLP regulation encourages people to enter the country through legal, secure, and well-organized channels. In order to expedite the procedure and decrease unapproved border crossings, asylum applicants are advised to make an appointment via the CBP One smartphone app. The CBP One mobile app, used by the Federal Agency responsible for border enforcement, allows migrants to pre-schedule asylum processing appointments. Asylum-seekers who arrive at ports of entry without having a previously scheduled appointment through the app are considered ineligible for asylum. In addition, those who are unable to prove that it was not possible to access or use the application due to severe technical issues, illiteracy, language hurdles, or other pressing issues, are also presumed ineligible for asylum. However, according to the recent Interim Final Rule that was released on June 4, 2024, failure to set an appointment due to technical difficulties with the app, illiteracy and language hurdles may no longer satisfy the requirements for being eligible for Asylum. Moreover, the new interim rule adds more restrictions for applicants crossing the southwest or nearby coastal borders in their relief applications. Denied Protection Elsewhere A migrant who received a final denial decision for asylum in a transit country, will fall under the exception to the presumption. In other words, if asylum seekers, passing through other countries, have sought for protection in those countries and have been denied, they may still be eligible for asylum in the U.S. under this exception. Rebuttal of the Presumption Apart from the exceptions, there are certain other Rebuttals to the Presumption of Ineligibility. Those

Read More »

Interim Final Rule by Biden Administration and Its Impact on Asylum Seekers

Overview The Biden administration’s 2024 interim rule on asylum seekers, as part of the broader “Securing the Border” initiative, is a big change in US immigration policy. The new interim final rule was released on June 4, 2024 along with a Presidential Proclamation and it is based on the administration’s 2023 “Circumvention of Lawful Pathways”. The rule will remain in effect as long as the proclamation is in effect, and the proclamation’s suspension and limitation on entry will only lift if certain conditions regarding the reduction in the number of migrant encounters are met. Specifically, the suspension and limitation on entry would only be lifted 14 days after the daily average of migrant encounters drops to a seven-day daily average of fewer than 1,500 and remains below 2,500. The changes brought by this rule, intended to manage and reduce the strain on the southern border during periods of high migration, introduce new barriers and challenges for those seeking refuge in the U.S. Background “Circumvention of Lawful Pathways” or CLP rule of 2023 had already rendered many migrants ineligible for asylum but faced operational capacity issues. While the CLP rule encouraged the use of lawful pathways, the new rule further restricts asylum eligibility. The previous rule was aimed to encourage migrants to use lawful, safe and orderly processes for entering the U.S. Non-citizens who cross the southwest land border or adjacent coastal borders on May 11, 2023 or later, without authorization after traveling through another country are presumed ineligible for asylum. However, certain exceptions include those who: Availed themselves of an existing lawful process Presented at a port of entry at a pre-scheduled time using the CBP One app Were denied asylum in a third country through which they traveled The new rule of 2024 has significant consequences to support the existing CLP rule, one of which is making it harder for asylum seekers to file applications by tightening the eligibility criteria. About the Interim Rule: Impact on Asylum Seekers Stricter Eligibility Criteria Under this new rule, most migrants who enter the country illegally are no longer eligible for asylum. This is applicable to everyone who enters or exits ports of entry without using the CBP One app to make an appointment in advance. There are special exceptions available, nevertheless, for people who are seriously ill, in danger of losing their lives, or who are being trafficked. The goal of this action is to deter unauthorized immigration and direct asylum applicants to authorized ports of entry. The practical implications, however, are dire. Due to their desperate circumstances, a lot of asylum seekers frequently lack the time or resources to schedule appointments or navigate intricate bureaucratic processes. The provision essentially throws a huge hurdle in front of those who need protection the most, by making lawful entry a requirement for asylum. The “Shout Test” The condition known informally as the “shout test” is then introduced by the rule. This means that in order for asylum seekers to be given consideration for protection,

Read More »

Ultimate Guide to Bringing Your Internationally Adopted Child to the USA

Adopting children from overseas does not automatically grant them entry into the United States. To bring your adopted child into the U.S., you must adhere to specific immigration regulations. The exact requirements vary based on the country of origin and whether the child qualifies as an orphan under U.S. immigration law.   There are three general processes for adopting a child across international boundaries. The crucial factor is whether the child’s country of residence has signed on to the Hague Convention. Most intercountry adoptions are governed by Hague convention. Sometimes the process to choose also depends on the specific circumstances, such as the age of the child or the childs’ home country policies on adoption. Regardless of the adoption process, the adoptive parents must work with a Primary Provider or an Adoption Service Provider in order to complete an intercountry adoption. You can find information on accredited adoption service providers (ASPs) in the ASP Directory, searching by country, needed service, or provider’s location. An adoption agency can help arrange an adoption but cannot represent you before USCIS or provide legal advice on your child’s immigration. For legal representation, consider hiring an attorney.  Hague Process If you are adopting a child residing in a country party to the Hague Adoption Convention, you should use the “Hague Process.” Each member nation has a designated central authority responsible for overseeing the process. The State Department is the central authority in the U.S.    Eligibility Requirements:   You must be a U.S. citizen. If unmarried, you must be at least 25 years old. If married, you and your spouse must both participate in the adoption process.   Steps to Follow: File Form I-800A: If you decide to adopt from a country which is a signatory to the Hague Convention, the first step is to submit the ‘Application for Determination of Suitability to Adopt a Child from a Convention Country’ to USCIS. This includes a filing fee, fingerprinting, and a home study by an authorized provider.    File Form I-800: Once I-800A is approved, and you either choose a child or a child is matched with you by the Adoption Service Provider or the child’s Country of origin, file the ‘Petition to Classify Convention Adoptee as an Immediate Relative’ to USCIS. An important aspect to remember is that you have to file form I-800 before the adoption to determine the child’s eligibility to immigrate. No filing fee is required for the first child unless adopting multiple non-sibling children.    Child’s Eligibility: The child must reside in a Hague Convention country. The child’s legal custodians must irrevocably consent to the adoption and the child’s emigration. Form I-800 must be filed before the child’s 16th birthday, with certain protections for older children if Form I-800A was filed when the child was between 15 and 16.   Final Steps: If Form I-800 is approved, USCIS will notify the U.S. embassy or consulate. Complete the adoption or gain custody in anticipation of adoption in the U.S. The child can

Read More »

The Matter of Dhanasar and The Three Prongs of NIW Evaluation

Understanding the criteria for a successful EB2-NIW petition can be complicated and overwhelming. However, knowing the Matter of Dhanasar can help you prepare and grasp the fundamental framework on which EB2-NIW applications are evaluated. Therefore, in this blog, we will explain the three prongs of the Dhanasar and how they are to be addressed when drafting a petition.  Dhanasar vs NYSDOTBefore the Dhanasar framework, up until 2016, the NYSDOT standard governed National Interest Waiver petitions which were known for their narrow and rigid standards. Beneficiaries had to prove their work had substantial intrinsic merit, national scope, and that bypassing labor certification was in the national interest. This framework focused on existing work and traditional occupations instead of focusing on the proposed endeavor, uniqueness, and prospective potential of the beneficiary. The high burden of proof and strict criteria often excluded many qualified individuals, particularly in emerging fields or less traditional roles, from securing an NIW. The Dhanasar Decision, with its broader and more flexible approach, has since made the EB-2 National Interest Waiver process more accessible and inclusive, making it easier for diverse professionals to qualify. The Matter of Dhanasar and its BackgroundMatter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) was actually the name of a specific case with a beneficiary named Dhanasar in 2016. This case and its outcome set a precedent as to how the qualifications of an EB-2 NIW beneficiary should be evaluated. Since then, the Dhanasar framework has set a standard for EB2-NIW cases with three main criteria. These criteria are: 1) Having a proposed endeavor with substantial merit and national importance 2) Being well-positioned to advance the proposed endeavor 3) The proposed endeavor being beneficial to the USA. First Prong: Substantial Merit and National ImportanceLet’s dive into the first criterion of the Dhanasar test with an example. Substantial merit refers to the inherent value and significance of the beneficiary’s proposed future endeavor. For instance, beneficiaries might want to contribute to an emerging and valuable field, such as a scientist working on renewable energy technology or a medical researcher developing a new treatment for a widespread disease. Both renewable energy and developing new treatments are inherently valuable fields, claiming to hold substantial merit. Next, national importance means that the beneficiary’s work will be of considerable value across the United States and worldwide. For example, a new treatment for cancer would be immensely useful throughout the USA and even globally.The Economic Impact Analysis (EIA) drafted by our in-house writers at Raju Law plays an essential role in demonstrating that the beneficiary’s proposed endeavor has substantial merit and national importance. Although not formally a part of an EB2-NIW petition, the EIA provides crucial quantitative evidence, such as statistical data, highlighting social, economic, or financial gaps the endeavor can address.For example, there are 1,958,310 new cancer cases and 609,820 cancer deaths in 2023 in the United States. In this case, an endeavor of inventing a new cancer treatment would greatly minimize cancer deaths. Hence, we can conclude that it fulfills the criterion of having national importance.  Second Prong:

Read More »

Ultimate Guide to International Adoption for U.S. Citizens

International adoption is a legal process enabling individuals and prospective parents to adopt a child from another country and bring them to the USA to live with them permanently. This pathway ensures the establishment of a lifelong, legal parent-child relationship across international borders. To finalize an inter-country adoption and bring a child to the United States, you must meet the requirements established by both the United States Citizenship and Immigration Services (USCIS) and the foreign country where you plan to adopt. The regulations in some foreign countries may include criteria such as a minimum income level, specific marital status, residency in the country for a certain period, and occasionally, adherence to certain religious beliefs. Difference between international and domestic adoption International adoption differs significantly from domestic adoption. Domestic adoption involves adopting a child born in the United States, often with significant involvement from the birth family or birth mother, especially in private adoptions, which are usually open. On the other hand, most international adoptions are closed. In domestic adoption, prospective parents only need to comply with U.S. laws. However, international adoption requires adherence to multiple regulations: Adoptive Parents Eligibility Requirements For Americans considering adoption, including those with disabilities and individuals in protected categories (such as age, sex, race, color, national origin, or religion), compliance with three sets of laws is necessary: U.S. federal law, the laws of the child’s country of origin, and the laws of your home U.S. state. Importantly, U.S. federal law does not have any law against adoption by persons with disabilities or those in federally defined protected categories from adopting. However, some countries from which children are adopted may have restrictions based on disabilities or may not permit adoption by single parents. Additionally, state laws in the U.S. can vary, adding another layer of requirements for prospective adoptive parents to navigate. The United States has specific qualification requirements that prospective parents must fulfill to adopt internationally. The international adoption requirements include the following: Eligibility of an Adopted Child The general rule is that the child must be adopted before turning 16 years old. If the child has a sibling who was adopted by the same parents, the age limit can extend to under 18 years. Different countries have different eligibility criteria for the children for adoption. Ineligibility for Adoptive Parents If one of the adopted parents is ever involved in a felony involving child abuse or neglect, domestic violence, child pornography or sexual assault, it is highly unlikely that they will be considered eligible to adopt a child.However, different countries have different ineligibility criteria for the adoptive parents. For example, Bangladesh allows only Bangladeshi citizens to adopt, Nigeria, Poland, Thailand adoption law do not allow same-sex parenthood for international adoption, Morocco requires the international adoptive parents to be Muslim and Nicaragua and Niger does not allow single parents to adopt from their countries. Therefore, it is really important to do your country and eligibility research while considering international adoption.  Adoption of children under Shari’a law Islamic

Read More »

Understanding Eligibility Criteria for Hindu Religious Workers Seeking an R-1 Visa

Introduction R-1 visa is an employment-based nonimmigrant visa for religious workers who want to come to the United States temporarily to work as a minister or in a religious vocation or occupation and be employed by a: Non-profit religious organization in the United States with a tax-exempt determination letter under section 501(c)(3) of the Internal Revenue Code of 1986; Religious organization that is authorized by a group tax exemption; or Non-profit organization which is affiliated with a tax-exempt religious denomination in the United States Requirements The general requirements for any person who wants to apply for the R-1 visa must fulfill the following conditions: Be a member of a religious denomination for the last two years The religious denomination must have a non-profit organization in the USA Find a US employer who will file the I-129 petition for the applicant for a job in a non-profit religious organization, or an organization affiliated with the religion The applicant must be a minister or a person working directly in the religious occupation or religious vocation The applicant must work at least 20 hours per week (part-time) The applicant must not work in any other positions beyond their religious capacity Eligibility Criteria for Hindu Religious Workers Under an R-1 visa, ministers and religious workers in religious vocations and occupations can come to the USA temporarily to perform religious work. Therefore, under Hinduism, there are two types of religious workers, ministers and non-ministers. Ministers Those who are authorized to conduct religious services by a recognized religious denomination are referred to as ministers. To be eligible to offer religious services, a minister needs to hold a license, certification, or other official recognition from a recognized denomination. In Hinduism, Acharyas (religious teachers) and Pandit/Pujari (Hindu priests) are considered as ministers. Religious Vocations  A religious vocation includes a formal lifetime commitment to a religious way of life through vows, investitures, rituals, or equivalent indicators. In Hinduism, there is a class of people in the religious sect whose entire lives are devoted to religious activities and rituals. The followings are considered as religious vocation: Brahmachari (male) or Brahmacharini (female) (student monks) and Swami (male) or Swamini (female) (monks). Brahmachari or Brahmacharini: A brahmachari or brahmacharini is a person who, at the earlier phases of training and initiation, made a formal lifetime commitment. Swami or Swamini: A Swami or Swamini is a person who has chosen to become a monk for life. Religious Occupation The religious occupation covers all religious workers who perform essential traditional religious functions. For temples, this provision covers the following individuals:  Paricharakara (religious food preparer): Paricharakaras prepare food offerings (prasadam) for Hindu worship services which are then distributed to temple devotees. Sthapati (religious architect): Hindu architects and builders with traditional training are known as stapatis. Shilpi (religious artisan): Hindu sculptors with traditional training are called shilpis. Religious Artists: Hindu religious artists are musicians, singers, and dancers with specialized training who offer devotions or conduct workshops either off-site at the temple or organization or on the premises.

Read More »

Eligibility Criteria and Benefits of the E-2 Treaty Employee Visa

Introduction The E-2 Treaty Employee Visa serves as a pivotal avenue for qualified individuals from treaty countries to work in the United States. Unlike the E-2 Treaty Investor Visa, employees in this regard do not have to invest themselves in the company or organization subject to the E-2 Treaty Investment. Some of the eligibility criteria for the E-2 Treaty Employee Visa and unique benefits are mentioned in the following:  Eligibility Criteria Nationality: The nationality of the employee seeking an E-2 Treaty Employee Visa must be the same as that of the principal alien employer. So, an individual with a nationality other than the principal employer’s nationality cannot be considered an “employee” for the sake of an E-2 Treaty Employee Visa. Moreover, the individual must fit the definition of “employee” under relevant laws.  Qualifying Employer: Applicants must be employed by a qualified U.S. enterprise or organization that meets the criteria for an E-2 visa in case the principal alien employer is not an individual. The enterprise or organization must be at least 50% owned by individuals who are citizens of the treaty country, or it must have substantial operations in the treaty country. Such owners must maintain nonimmigrant treaty investor status, or if the owners are not in the United States, they must be classifiable as nonimmigrant treaty investors if they were to seek admission to these countries. Specialized Skills or Qualifications: Specialized skills or qualifications are essential to an individual’s eligibility for an E-2 Treaty Employee Visa. No certain skillset is specified to qualify for an E-2 Treaty Employee visa automatically. It mostly depends on the degree and the exclusivity. These skills and qualifications must be essential to maintain the efficient operation of the treaty enterprise, and they may include advanced technical capabilities, managerial expertise, and specialized knowledge. Some factors must also be considered, such as prominence in the relevant field, others possessing similar skill sets, salary fit for the skills, and availability of skills and qualifications in the U.S.  Skills surrounded by foreign language and culture are not considered special skills for the E-2 Treaty Employee Visa. Another point to be noted is that any certain skill regarded as special at some point may no longer be qualifying due to it becoming common.  Benefits Employment Opportunity: The E-2 Treaty Employee Visa provides employment opportunities for skilled professionals who aspire to work in the United States with U.S. enterprises in diverse industries. Whether it is a technology startup or a well-established manufacturing firm, eligible employees can utilize their expertise to contribute and drive innovation in the American market. Sponsoring Spouses and Dependents: Similar to E-2 Treaty Investor Visas, principal E-2 Treaty Employee visa holders will get the opportunity to sponsor their spouse and unmarried children under 21 years of age as dependants of the principal applicant. Dependents can accompany the principal visa holder to the United States and enjoy the privileges of living, studying, and, in some cases, working in the country.  Renewability:  The E-2 Treaty Employee Visa is renewable

Read More »

NIW Success story of an Applied Microeconomist

At Rajulaw, we have a longstanding tradition of assisting professionals from a variety of fields, including those within STEM and beyond. A recent success story involves a client from the field of Applied Microeconomics, whose aspirations hinged on the approval of his I-140 petition. The pathway he chose? The National Interest Waiver (NIW)—a route that may raise eyebrows considering his profession. Yet, microeconomists like him can significantly influence a range of critical areas by applying their specialized knowledge to enhance economic policies, boost market efficiencies, and address socioeconomic disparities. Our client, whose expertise lies in Labor Economics and Econometrics, sought to delve deep into the issues of inequality and poverty in the United States, with a sharp focus on the inequality of opportunity. This issue has roots that burrow deep into America’s troubled history, including periods of slavery that have left indelible marks on society. To challenge these entrenched disparities, he proposed a research initiative aimed at examining the relationship between income levels and the quality of U.S. elementary and secondary education, and their collective impact on inequality. His proposed policies, arising from this research, aimed to foster equality across all societal divisions, including race, gender, social class, and parental background. Furthermore, his research intended to address the expanding wage gaps between college-educated individuals and those without higher education—a disparity that has widened alarmingly over the decades. Inequality of opportunity is a complex phenomenon that leads to entrenched generational wealth and income gaps. To tackle this, our client planned to leverage advanced machine learning technologies to analyze the myriad factors contributing to these opportunity gaps comprehensively. Upon retaining our services, we embarked on a thorough review of his professional profile and the ambitious endeavor he proposed. Our team provided expert guidance to refine his project, ensuring that every aspect of the petition was polished, leaving no room for questions or doubts from the USCIS officer. We integrated his academic achievements, professional experiences, and extracurricular activities into a compelling petition that clearly delineated the significance of his proposed research and his aptitude for successfully executing it. To fortify his application, we included a series of meticulously crafted letters of recommendation, each tailored to bridge any informational voids, thus ensuring a comprehensive presentation of his case. The result was a successful petition approval. This case sets a precedent for other economists, microeconomists, or professionals in related fields considering the NIW pathway for U.S. permanent residency. If you find yourself in a similar position, contemplating how your work can contribute to the national interest, Rajulaw is here to assist. We invite you to discuss how your unique contributions and future plans can align with national goals and how our expertise can help you realize your professional aspirations. Looking forward, the implications of our client’s research are vast, promising not only to address present inequalities but also to pave the way for future economists to explore disparities across various dimensions, including health disparities between immigrants and natives. His work exemplifies how targeted research and

Read More »

E-Verify: A Comprehensive Solution for Ensuring a Legal Workforce and Enhancing Employer Compliance

In today’s competitive job market, employers face the challenge of ensuring a legal workforce. Hiring unauthorized workers can result in severe penalties, legal consequences, and damage to a company’s reputation. However, implementing proper measures like E-Verify can help employers mitigate these risks. Understanding the E-Verify Program The E-verify program, also known as the E-Verification, allows employers to verify the eligibility of their employees to work in the United States. This web-based system compares information from an employee’s Form I-9 to data from the U.S. Department of Homeland Security and Social Security Administration records to confirm employment authorization. The Benefits of E-verify for Employers As an employer, there are numerous advantages to using E-Verify for your business: Enhanced Compliance with Immigration Laws: One of the key benefits of implementing E-verify in your hiring process is enhanced compliance with the Immigration Reform and Control Act (IRCA) of 1986, which requires employers to verify the identity and work eligibility of all employees. By verifying the employment eligibility of your workforce, you can rest assured that you comply with federal immigration regulations. This helps you avoid costly fines and penalties and protects your company’s reputation. Streamlining the Hiring Process: E-verify can also streamline the hiring process for employers. By automating the verification of employment eligibility, you can reduce the time and effort required to complete the necessary paperwork. This saves you time and allows you to onboard new employees more quickly and efficiently. Reducing Fraud and Ensuring Accuracy: Another significant benefit of E-verify is the reduction of fraud and the assurance of accuracy in your workforce. By verifying the identities of your employees through the E-verify system, you can significantly decrease the risk of hiring individuals who may be using fraudulent documents. This protects your company from potential legal issues and ensures that you have a reliable and trustworthy workforce. Improving Workplace Safety and Security: Employers who implement E-verify also experience improved workplace safety and security. By verifying the employment eligibility of your employees, you can ensure that only authorized individuals have access to certain areas of your business. This can help prevent unauthorized individuals from entering restricted areas and enhance the overall safety and security of your workplace. Stronger Defense in Case of Audits: Using E-verify demonstrates good faith in your hiring practices. In the event of an immigration audit, E-verify documentation can help establish that you took reasonable steps to verify employee eligibility. Support for Visa Applications: E-verify can also be used as supporting documentation for visa applications, particularly for certain visa categories that require proof of employment eligibility. Providing evidence of participation in the E-Verify program can strengthen visa applications and demonstrate a commitment to compliance with immigration laws. Potential for Government Benefits: Depending on your state, using E-verify may make you eligible for certain government contracts, grants, or other incentives. Integration with HR Systems: E-verify can seamlessly integrate with existing human resources (HR) systems, allowing employers to streamline onboarding and maintain comprehensive employee records. Integration with HR systems enables employers

Read More »

Potential Causes for EB-2 NIW Visa Denial: Avoiding Common Pitfalls

It is only natural to feel stressed and anxious at the vicious thought of “What if my National Interest Waiver application gets denied?” While navigating the intricacies of the EB-2 NIW visa application process can be daunting on its own, the looming fear of rejection can transform the endeavor into an inexplicably challenging feat. Some might even get discouraged from pursuing the visa, rendering their efforts pointless due to the uncertainty of acceptance. This is precisely why it is important to have a prior understanding of the factors that could result in your visa denial. As we already know, individuals with an advanced U.S. degree (a baccalaureate or foreign equivalent degree plus five years of post-baccalaureate, progressive work experience in the field) or outstanding expertise in arts, sciences, or business can qualify for the employment-based second preference or EB-2 visa. By attaining this visa, you will be able to live in the United States permanently and work on your aspirations. However, your dreams can plummet to the ground if you cannot paint a clear picture of your proposed endeavor. The proposed endeavor statement is the heart of your NIW petition. A lacking, vague statement can make the USCIS believe that your work is insignificant, which could endanger your visa application. In order to steer clear of a denial notice, you must provide the USCIS with a concrete proposed endeavor statement that will contain but not be limited to (1) a clear indication of what you aim to do, (2) a well-thought-out and detailed descriptions of the steps you will be taking to achieve your goals, and (3) a comprehensive explanation of how your undertaking will contribute to the national objectives of the U.S., ensuring its substantial merit and national significance. Note that USCIS focuses on how your proposed initiative would be of importance to the United States. Hence, it is possible that USCIS will reject your application if you do not adequately show the breadth and depth of your work’s influence or how it will advance research in your area. They might even argue that your project(s) will only benefit you and the organization you will be affiliated with and will not have any impact on the country. For instance, if you aim to work in cybersecurity but cannot demonstrate how your work will expand the realm or offer unique services not currently available in the U.S. cybersecurity field, USCIS may view the impact of your work as limited, leading to visa denial. Another instance that may get your visa application denied is the lack of evidentiary support in showcasing your capabilities to advance the proposed endeavor. Along with a strong academic background, a track record of achievements in previous projects related to or similar to your future aspirations will be crucial for establishing your caliber. These accomplishments can include groundbreaking research findings and contributions to the growth of past organizations you were involved with. Basically, anything that substantiates your competency for advancing your future endeavors will strengthen your case

Read More »
To Top